thu this morning, a san jose marine shot and killed by police in a parking garage. we'll have a look at what led to this deadly confrontation. plus a manhunt under way for the founder of local tech company mcafee. and the resignation of the cia director is leading investigators to another high-ranking official. looking outside this morning, the palace of fine arts in san francisco. a beautiful tuesday morning, november 13th. this is "today in the bay." it is 4:30, everybody. happy you could join us. i'm jon kelley. >> and i'm laura garcia-cannon. let's talk about that forecast with meteorologist christina loren. >> good morning to you. we've got a warmup on the way. it's not quite as cold as yesterday morning. in fact we're about 10 degrees warmer in some cities, back to the 50s in stinson beach, 53 there. 49 in san francisco and the

coldest city is petaluma at 36 degrees. still, though, you were 33 this time yesterday. as we head throughout the afternoon we're headed toward the 70s. more rain on the forecast, in fact a very wet pattern shaping up. we will take you through that coming up. 4:31. first let's check your drive on a traffic tuesday. >> good morning. christina said it's a little milder. the red looks like heat lamps but they're not. it's a golden gate bridge with a really clear view. on the north side we have your typical construction. that's at the top of your screen as we show you the map and also coming off the bay bridge, typical zone from the s curve over toward the san francisco side. we do have one accident at 116 farther north pretty much over by cunningham just off of 101 and 116. so it's not a major commute route but i am tracking that because there are reports of someone stuck in their car as it's turned on its side. it takes like it's going to take longer to clear and i'll continue to track it, guys. back to you.

it is heartbreak for a san jose family over the veterans day holiday. police shooting and killing a young marine just back home from war. he was based out of camp pendleton. the 22-year-old died following a confrontation with palm springs police on saturday. his family is now heading to southern california searching for any kind of answers. jean elle has more details. >> reporter: an american flag stands in front of their house in san jose. the family is driving to palm springs to learn more about why police shot and killed the 22-year-old marine. police say it happened early saturday morning in a downtown parking garage. the police chief in palm springs says police on bicycles went to check out loud voices inside the lot. officers say they recognized the marine and his friend from an earlier run-in with them, a drunken public incident. police say they ordered him to stop his car and when he drove off with one officer hanging out

of the passenger side window and hit another officer, police fired, killing the san jose marine. >> after we collect all the witness statements, the statements from the officers involved and the evidence at the scene we'll have a better determination of what actually occurred, what was occurring in the minds of the officers, what led them to use their weapons in this incident. >> the marine's friends was not hurt. they found a stolen phone and atm card inside the car. family members say he recently returned from a tour in afghanistan. he was based at twenty-nine palms. he was looking forward to going to college and planned to study sound engineering. they say music was his passion. the founder of one of the most successful silicon valley tech companies is now a wanted man. police in belize want to talk to 67-year-old john mcafee, founder of the software company mcafee.

he sold the company back in 1994 and retired in central america. sunday police found his neighbor shot in the head. they say mcafee is a person of interest in that case. he had been talking to reporters. coming up at 5:00, marla tellez will join us and tell us what he is saying about the charges against him. a total of four people in custody following a shooting in menlo park that has neighbors and residents concerned. it happened yesterday before noon. while making the arrest they stumbled upon a stash of guns, drugs and shell casings. in the past week menlo park has seen an uptick in violence. the violence has concerned and fearful neighbors speaking out. >> my main concern is my family and all of the youngsters that are killing and shooting each other. hopefully that -- maybe this can all come to an end one day hopefully soon. >> for the record nobody died in

the shootings we mentioned. investigator say they are still not clear what triggered this incident. the moraga school board is trying to revise the way suspected child abuse cases are reported to the district. board members will discuss revisions tonight. a newly formed student safety committee has been working on the policy. board members will also discuss a lawsuit filed against the district by a former student and the vacancy left by the board president, dexter lui. tonight's meeting starts at 7:00. overnight developments in the scandal leading to the resignation of cia director david petraeus. this morning another general now involved with the pentagon now sifting through thousands of e-mails it calls potentially inappropriate. nbc's tracie potts has details on this fallout. >> reporter: overnight defense secretary leon panetta announced general john allen, our top military commander in afghanistan, is under

investigation. the pentagon discovered 20 to 30,000 pages of e-mails a senior defense official called potentially inappropriate between allen and jill kelly. kelly is the woman who complained she felt harassed by anonymous e-mails later traced to paula broadwell. that fbi investigation uncovered an affair between broadwell and cia director david petraeus. petraeus resigned. before all this became public, broadwell talked about working with petraeus in afghanistan. >> to have the access, i took that privilege and opportunity very seriously. >> reporter: the pentagon won't say what the relationship was between allen and kelly but he's still on the job for now, in washington preparing for the a senate confirmation hearing that's been put on hold. meanwhile the fbi conducted a consensual search of broadwell's home. jill kelly's brother calls her the victim. >> she took real issue with it. when she took issue with it, she didn't realize this was going to

start a storm. >> reporter: congress wonders why it took several days for them and the president to learn about petraeus. >> there was no national security breach. the fbi said it an i think that's the end of the story. >> reporter: it may not be. lawmakers still want to hear from petraeus not just on his affair but on his investigation into the deaths in benghazi, libya. tracie potts, nbc news, washington. 4:37. this morning a san mateo county judge decides how to proceed after throwing out the murder charges against a man convicted of killing his once best friend. the judge said his fifth amendment rights were violated by ignoring his request for an attorney. a south bay mom accused of using her daughter to help her rob a grocery store is now expected to enter a plea today. marsha keeland was arrested last month. she left her daughter with a cartful of stolen groceries in

morgan hill. she said she did it because she's had financial problems. she's expected in court this afternoon to enter her plea. 4:38. thanks to a heavy weekend of snow, some tahoe ski resorts say they're going to open a little early. heavenly and north star plan to open tomorrow while kirkwood says it will open on friday. over the weekend the sierra received more than two feet of snow. but how long will that stick? >> exactly. beginning to look a lot like christmas but christina loren is here to tell us what it's going to be like today out here. a little chilly. >> a little chilly. you know what, i think some of it will stick. what's more important is there's more on the way. good morning to you. let's take you outside and show you what we're experiencing at this very moment. 39 in napa, you're at 49 in san francisco. overall temperatures are running 5 to 10 degrees warmer than just 24 hours ago. 42 in san jose. you may not have had to have your heater on as strong as you did over the past couple nights as temperatures this morning are a little more mild to start.

we stop the clock on your futurecast right at 6:00. expecting a few light showers up in the north bay. they won't last long. the second half of the day high pressure builds in and builds in quickly. we're talking about temperatures in the 70s today. by noon completely clear conditions and look at these beautiful readings. 72 in livermore, 70 in santa teresa, skype in fremont and and 68 in san francisco. how long will this hold up? we'll let you know. that seven-day outlook is ready in my next report. first let's check your drive. good morning, mike. >> we're busy because we want to make sure folks who can get word to their friends. looking over to 101 in san jose, this is not what we're worried about. a nice, easy drive. the south bay map shows san jose, mountain view, cupertino all looking very smooth on the northbound commute. highway 9, a car taking down some wires so there may be some lanes blocked on that relatively

small roadway but it is a highway. and it has taken out some power in the area. i don't know if the accident caused the outage but an outage for 3,000 customers. if you're heading to or through the area, you might want to call them. track this, a live look for palo alto, 101 and the peninsula, plenty of light. the roadway itself moving nicely. back to you. >> thank you, mike. there will be a very special reunion for three oakland police officers and a baby boy they helped bring into the world just four days ago. this all started at a gas station in nolan park on friday night when a man flagged down the officers saying his life was in labor. those officers doing their best good deed daily helped deliver a healthy baby boy and they appropriately named him nolan. today the family will publicly thank those officers at the substation and since baby nolan was born just across the street from the oakland zoo, his family

will also get a one-year membership to that park. very, very special. that's pretty cool. >> how exciting. blessings to that family. 4:41. are new fees on the way for thousands of cal state students across the state? the new controversial proposal the board is now proposing. plus, big changes that could make yahoo! e-mail as we know it today a thing of the past. and it is not di vine intervention. how to get some tickets to the "book of mormon."

welcome back, everyone. take a look at the flag billowing there in san francisco this morning. another cool start to the morning. christina says a little warmer, though, than yesterday. >> a little bit. >> a little bit. she's got the official numbers. we'll check with her coming up. 4:44. governor jerry brown will attend a meeting of the csu board of trustees today as they discuss a new fee proposal. today's meeting comes just a week after voters passed prop 30 which was touted as a way to avoid more tuition increases. it would charge extra for csu students who take more classes than they need. csu trustees say it's meant to encourage students to graduate on time and make way for more

incoming freshmen. students plan to protest today's meeting in long beach. if approved, the new fees take effect next fall. there's strong news for tesla motors. the car company snagging one of the most prestigious awards. motor trend magazine naming tesla's model s sedan, its 2013 car of the year. congratulations. this is the very first time an electric car has won that title. the model s sedan beat out 25 other luxury sedans, including lexus, bmw and porsche. >> put that on your christmas list. changes coming to yahoo! e-mail accounts and the markets continue to react to washington's efforts to avoid that fiscal cliff. for more on that and the rest of our news pr the bell, we turn to seema mody live at cnbc world headquarters. good morning, seema. >> reporter: hi, good morning to you. futures right now are lower, guys, after stocks fell on monday. the markets appear to be treading water before budget

talks begin in washington on friday as the white house and congress try to reach a deal to avoid the so-called fiscal cliff in january. we do get monthly federal budget statement this afternoon. we get that statement this afternoon. earnings today from home depot, sak's and cisco systems. the dow falling a third of the point to close at 12, 813 and the nasdaq losing a fraction to close at 2904. yahoo! is getting set to give its e-mail service a makeover. reports say the overhaul will make yahoo! mail look very much bike g-mail. the aim by new ceo marissa mayer is to help yahoo! better compete with its bigger rival, google. mayer left goog tole to take th top job at yahoo!. if you're a yahoo! user, we'll have to watch out for that. >> thank you, seema. 4:47. christina loren is here.

you say it's a little warmer out here. i thought it was pretty crispy. >> maybe you're just more sensitive than others. >> he is. >> he is. we like that about him. he listens to us. he listens to us very, very often. good morning to you. we fight over him, marla, laura and i. he listens to us, a good shoulder. we've got good temperatures out there if you're waking up right now. it's not as frigid, but it's still cool enough for a jacket. 39 in napa, 49 in san francisco, 51 in stinson beach and 37 degrees this morning in gilroy. as we head throughout the day today, a little area of low pressure will cross to our north. we'll see the tail end sweep through the north bay possibly providing some very light showers, but high pressure builds in quickly. we've got a great-looking day shaping up offshore. temperatures just about as warm in san francisco as you'll see in san jose. now, the one thing that will be a little different from yesterday, we'll see more of those high clouds. we'll call it filtered sunshine

for today. as we get into your wednesday, even warmer weather on the way. three-day outlook shows you we're going to climb into wednesday and it's going to be comfortable everywhere all the way through thursday and then look what happens, the rain comes back. this is a mild system, it's not as cold as that which originated in the gulf of alaska and came through last week. however, it's still going to be rainy and icky friday through monday. we're expecting the heaviest shower activity sunday into monday. i just want you to keep this in mind. not looking that great for your outdoor plans this weekend. however, we'll show you when you can get outdoors and maybe for a couple of hours you'll have that opportunity. right now i'll send it back to you. >> it is 4:48 right now. police in contra costa county blaming road rage for a fight between two driver that say led to one of them being shot. just before noon yesterday two cars collided near greenwood drive and greenwood court.

the chp says both drivers got out of their cars, started arguing. one of them pulled a gun and opened fire. that shooter right now remains on the run. good news for the other driver, he is in a hospital but he is expected to survive. 4:49. the executive director for the port of oakland is leaving his post. omar benjamin submitted his letter of resignation yesterday. benjamin was in hot water after he was found to be part of a group that ran up a $4500 tab at a texas strip club. the bill was paid for by the port of oakland. benjamin and other top executives are being investigated by the agency over that expense. a bay area health center is helping people get ready for this year's great american smokeout. the lung screenings and quick kits being offered at the health center in san pablo starting today. it is a campaign by the american cancer society to help get smokers to quit for at least 24 hours. that's a good start.

it happens thursday. >> reward yourself with some tickets to one of the hottest broadway shows in town. they're really hard to come by, though. "the book of mormon" begins in san francisco later this month. the shows have long since been sold out but producers say they will hold daily lotteries for a limited number of seats. names will be drawn 90 minutes before the curtain goes up. "book of mormon" won nine to knowy awards last year, including one for best musical. >> i've been hearing a lot about that. i believe it's the creators of "south park" put that thing together. maybe i'll check it out. >> if you can get those tickets. who's your buddy, who's your friend? don't forget it. coming up, a couple of bay area baseball managers up for big-time awards today. and the latest update on 49ers quarterback alex smith's condition. and the condition of the east shore freeway looking pretty good under university

avenue. things changing for the east bay. we'll show you what's going on.

oh, yeah. what are they screaming about? brace yourselves for one direction. yes, it's a british invasion. coming to the "today" show. thousands of fans out there. look at them. they don't care it's cold out there, waiting days for a chance to see their men, or should i say boys.

one direction in concert on the "today" show. of course almost all girls there sprawling out. one direction, i will reveal, laura gave me a little taste of this song during the break. "you don't know you're beautiful". >> i did. in this voice too. what a treat it was. it's 4:54. 49ers quarterback alex smith may remain on the sidelines during monday night's game against the bears. smith says he was feeling a little less woozy yesterday than he was on sunday but he still needs to be cleared by a neurologist before he can prach practice. even if he does practice that doesn't guarantee he can play. he must be symptom-free during a contact practice before cleared by doctors. he had a concussion on sunday. to the ball yard where major league baseball is all set to announce the managers of the year. both the giants and the a's in that hunt. bruce bochy getting a lot of credit for a phenomenal playoff

run and of course winning that little thing called the world series. over on the american league side, a's manager bob melvin credited with taking a team many counted out of the playoff picture all the way to an a.l. west division title. so good luck to both these gentlemen. bonuses in the contracts too. >> just a little something. let's check the morning commute with mike and see how we're looking. >> good effort by folks on the roadways as well to keep things moving smoothly through oakland despite the fact there's a little construction. you know, it's not a surprise north of here that's what you have going on typically. east of here let's look at 580 coming through the tri-valley. your westbound commute teetering between the green and yellow where i show that arrow, speeds around 55 through the area. eastbound heading out of the altamont and over towards tracy, we have an accident causing a problem at the interchange 580 to 205 and a new accident west 580 causes some slowing right now. we'll track all of these.

back to you. >> thank you very much. oxford university has named its word of the year for 2012. >> and it is? >> the word omnishambles. definition, a situation that has been comprehensively mismanaged, characterized by a string of blunders and miscalculations. >> i'm familiar with that. >> the oxford university press says it chose the word to reflect everything from the crisis-ridden preparations for the london olympics to government pr blunders. the term was first coined by writers of the british tv calm me "the thick of it." while it's the word of the year, it's not been granted entrance to the oxford english dictionary. >> i won't use it until it gets the official entry into the oxford. it is 4:56. coming up, a big delay announced on the opening of the devil slide bypass tunnel. we'll tell you what's holding things up here and when crews are expected to have the new opening date. get ready.

>> reporter: a south bay marine is shot and killed in southern california. i'm bob redell. we'll have the latest coming up. plus a person of interest, the founder of a silicon valley tech company the top suspect in a murder investigation. and it's not as frigid as this time yesterday morning. you'll still need that coat, but we're headed towards the 70s. i'll let you know how much warmer it's going to get coming up. and the tuesday after a holiday, yeah, we're expecting a heavier commute today following that power outage in the mountains. right now let's grab a live look outside from the south bay. that is san jose and that is the hp pavilion where your san jose sharks are still awaiting a contract resolution to try to get that nhl season rolling. it is tuesday, november 13th. this is "today in the bay."